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State v. Wood12/6/2005
defendant's vehicle a second time. Officer Villa also testified that in his opinion defendant's faculties were appreciably impaired.
The jury's verdict does not reflect which prong of the statute they found defendant had violated. Nothing in the record indicates defendant requested the jury designate on the verdict sheet which prong it found defendant to have violated. As defendant failed to: (1) request separate instructions; (2) object to the trial court's instructions; (3) assign error to the instructions; or (4) request that the jury determine on the verdict sheet under which prong of the statute they found her guilty or argue plain error, this issue is not reviewable. The trial court properly denied defendant'smotion to dismiss. This assignment of error is overruled.
V. Conclusion
The trial court properly instructed the jury on the charge of felony fleeing to elude arrest by motor vehicle. The trial court did not err in denying defendant's motion to dismiss the charge of impaired driving. Sufficient evidence was presented which tended to show defendant was driving while impaired. We find no error.
No error.
Judges MCCULLOUGH and ELMORE concurs.
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